WSR 14-08-098 PROPOSED RULES DEPARTMENT OF ECOLOGY
[Order 13-10—Filed April 2, 2014, 11:08 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-01-066.
Title of Rule and Other Identifying Information: Chapter 173-182 WAC, Oil spill contingency plan, ecology proposes to update the definition of plan holder to include all persons listed in RCW 88.46.060 and update the definition of "umbrella plan" to ensure the term is used only when referring to nonprofit corporations. Ecology also proposes to amend the rule so that owner/operators, if operating under a plan that covers multiple parties, are not required to comply with provisions of the rule that apply specifically to "plan holders."
Hearing Location(s): Department of Ecology, 300 Desmond Drive S.E., Room R1G-07, Lacey, WA 98504, on May 6, 2014, at 10:00 a.m. Presentation, question and answer session followed by the formal public hearing.
Webinar: Ecology is also offering this presentation, question and answer session and formal public hearing via webinar. Webinars are an online meeting forum that you can attend from any computer using internet access. To participant [participate] by phone, you will need to have a phone or computer with phone modem capability. For more information and instructions, go to http://www.ecy.wa.gov/programs/spills/community_outreach/sppr_webinar.html.
Comments: Ecology will accept comments at the Lacey location and through the webinar via phone at 1-877-668-4493/Participant Code 926 137 326. For more information and instructions, go to http://www.ecy.wa.gov/programs/spills/community_outreach/sppr_webinar.html.
To join the webinar click on the following link for more information and instructions, http://www.ecy.wa.gov/programs/spills/community_outreach/sppr_webinar.html.
Date of Intended Adoption: July 15, 2014.
Submit Written Comments to: Amanda Righi, P.O. Box 47600, Olympia, WA 98504-7600, e-mail Amanda.righi@ecy.wa.gov, fax (360) 407-7288, by May 13, 2014.
Assistance for Persons with Disabilities: Contact Spills Program by April 29, 2014, TTY (360) 407-7455.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Ecology proposes to update the definition of plan holder to include all persons listed in RCW 88.46.060 and update the definition of "umbrella plan" to ensure the term is used only when referring to nonprofit corporations. Ecology also proposes to amend the rule so that owner/operators, if operating under a plan that covers multiple parties, are not required to comply with provisions of the rule that apply specifically to "plan holders."
Reasons Supporting Proposal: Inconsistencies between governing RCWs and chapter 173-182 WAC create a confusing and potentially harmful situation in which ecology is unable to adequately regulate oil spill contingency plans. RCW 88.46.060 and WAC 173-182-110 provide owner/operators, nonprofit corporations, primary response contractors (PRC), and agents the opportunity to submit a contingency plan covering one or more vessels or facilities. The definition of "plan holder," however, only includes owner/operators and nonprofit corporations. Many of the provisions throughout the rule apply specifically to "plan holders." Some entities may not be subject to many of the rule requirements. RCW 88.46.060 (3)(a) and (b) states that an "umbrella plan" may only be submitted by a nonprofit entity. The rule language, however, uses the term to apply to all plan holders covering multiple entities, regardless of corporate structure. A contingency plan assures that, in the event of a spill, the vessel or facility will have adequate response equipment, local spill response teams, spill notifications, and response coordination with state and federal partners. A vessel operating without the important services and regulatory safeguards that a plan provides creates a threat to public health, safety and general welfare.
Statutory Authority for Adoption: RCW 88.46.060, 90.46.050.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of ecology, governmental.
Name of Agency Personnel Responsible for Drafting: Amanda Righi, Lacey, Washington, (360) 407-7040; Implementation and Enforcement: Linda Pilkey-Jarvis, Lacey, Washington, (360) 407-7447.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Ecology did not prepare a small business economic impact statement because the Regulatory Fairness Act (chapter 19.85 RCW) does not apply to this rule making. The proposed rule changes do not impose costs on businesses in an industry (RCW 19.85.030 (1)(a)(i)).
A cost-benefit analysis is not required under RCW 34.05.328. Ecology did not prepare a cost-benefit analysis or least-burdensome alternative analysis because the requirements in RCW 34.05.328 of the Administrative Procedure Act do not apply to this rule making. Under RCW 34.05.328 (5)(b)(iv) and (v). The proposed rule changes are clarifications or updated language to be consistent with existing law (chapters 88.46 and 90.56 RCW).
April 1, 2014
Polly Zehm
Deputy Director
AMENDATORY SECTION (Amending WSR 13-01-054, filed 12/14/12, effective 1/14/13)
WAC 173-182-015 Applicability.
(1) This chapter applies to owners and operators of onshore ((and)) facilities, offshore facilities, and covered vessels required to submit oil spill contingency plans under chapters 90.56 and 88.46 RCW.
(2) This chapter applies to ((nonprofit corporations, their enrolled members, and agents that submit and implement plans on behalf of onshore and offshore facilities and covered vessels)) any person submitting a contingency plan on behalf of a covered vessel, multiple covered vessels, onshore facilities and offshore facilities, or any combination thereof.
(3) This chapter applies to response contractors that must be approved by ecology before they may serve as primary response contractors for a contingency plan.
(4) This chapter does not apply to public vessels as defined by this chapter, mobile facilities or to spill response vessels that are exclusively dedicated to spill response activities when operating on the waters of this state.
AMENDATORY SECTION (Amending WSR 13-01-054, filed 12/14/12, effective 1/14/13)
WAC 173-182-030 Definitions.
(1) "Aerial oil spill spotter" (spotter) means personnel trained to:
(a) Direct vessels to the heaviest concentrations of oil;
(b) Direct dispersant resources;
(c) Direct in situ burn resources; and
(d) Observe document and report the effectiveness of response operations.
(2) "Aerial observer" means a trained observer that monitors, records and reports the spill characteristics including the shoreline impacts, area oiled, color, and thickness of the oil. Observers also provide data to the command post through the development of detailed maps of the area oiled and the resources in the field as well as other photographs, videos, or documents developed to support planning.
(3) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. Ecology's determination of best achievable protection shall be guided by the critical need to protect the state's natural resources and waters, while considering:
(a) The additional protection provided by the measures;
(b) The technological achievability of the measures; and
(c) The cost of the measures.
(4) "Best achievable technology" means the technology that provides the greatest degree of protection. Ecology's determination of best achievable technology will take into consideration:
(a) Processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development;
(b) Processes that are currently in use; and
(c) In determining what is best achievable technology, ecology shall consider the effectiveness, engineering feasibility, and the commercial availability of the technology.
(5) "Boom" means flotation boom or other effective barrier containment material suitable for containment, protection or recovery of oil that is discharged onto the surface of the water. Boom also includes the associated support equipment necessary for rapid deployment and anchoring appropriate for the operating environment. Boom will be classified using criteria found in the 2000 ASTM International F 1523-94 (2001) and ASTM International F 625-94 (Reapproved 2000), and the Resource Typing Guidelines found in chapter 13 of the 2000 Oil spill field operations guide.
(6) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.
(7) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, three hundred or more gross tons, including but not limited to commercial fish processing vessels and freighters.
(8) "Cascade" means to bring in equipment and personnel to the spill location in a succession of stages, processes, operations, or units.
(9) "Contract or letter summarizing contract terms" means:
(a) A written contract between a plan holder and a primary response contractor or other provider or proof of cooperative membership that identifies and ensures the availability of specified personnel and equipment within stipulated planning standard times; or
(b) A letter that: Identifies personnel, equipment and services capable of being provided by the primary response contractor or other provider within stipulated planning standard times; acknowledges that the primary response contractor or other provider commits the identified resources in the event of an oil spill.
(10) "Covered vessel" means a tank vessel, cargo vessel (including fishing and freight vessels), or passenger vessel required to participate in this chapter.
(11) "Dedicated" means equipment and personnel committed to oil spill response, containment, and cleanup that are not used for any other activity that would make it difficult or impossible for that equipment and personnel to provide oil spill response services in the time frames specified in this chapter.
(12) "Demise charter" means that the owner gives possession of the ship to the charterer and the charterer hires its own master and crew.
(13) "Director" means the director of the state of Washington department of ecology.
(14) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(15) "Dispersant" means those chemical agents that emulsify, disperse, or solubilize oil into the water column or promote the surface spreading of oil slicks to facilitate dispersal of the oil into the water column.
(16) "Effective daily recovery capacity" (EDRC) means the calculated capacity of oil recovery devices that accounts for limiting factors such as daylight, weather, sea state, and emulsified oil in the recovered material.
(17) "Ecology" means the state of Washington department of ecology.
(18) "Emergency response towing vessel" means a towing vessel stationed at Neah Bay that is available to respond to vessel emergencies upon call out under the contingency plan. The emergency response towing vessel shall be available to the owner or operator of the covered vessel transiting to or from a Washington port through the Strait of Juan de Fuca, except for transits extending no further west than Race Rocks Light, Vancouver Island, Canada.
(19) "Facility" means:
(a) Any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that:
(i) Transfers oil in bulk to or from a tank vessel or pipeline; and
(ii) Is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) A facility does not include any:
(i) Railroad car, motor vehicle, or other rolling stock while transporting oil over the highways or rail lines of this state;
(ii) Underground storage tank regulated by ecology or a local government under chapter 90.76 RCW;
(iii) Motor vehicle motor fuel outlet;
(iv) Facility that is operated as part of an exempt agricultural activity as provided in RCW 82.04.330; or
(v) Marine fuel outlet that does not dispense more than three thousand gallons of fuel to a ship that is not a covered vessel, in a single transaction.
(20) "Geographic Response Plans (GRP)" means response strategies published in the Northwest Area Contingency Plan.
(21) "Gross tons" means a vessel's approximate volume as defined under Title 46, United States Code of Federal Regulations, Part 69.
(22) "Incident command system (ICS)" means a standardized on-scene emergency management system specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries.
(23) "In situ burn" means a spill response tactic involving controlled on-site burning, with the aid of a specially designed fire containment boom and igniters.
(24) "Interim storage" means a site used to temporarily store recovered oil or oily waste until the recovered oil or oily waste is disposed of at a permanent disposal site.
(25) "Lower Columbia River" means the Columbia River waters west of Bonneville Dam.
(26) "Maximum extent practicable" means the highest level of effectiveness that can be achieved through staffing levels, training procedures, deployment and tabletop drills incorporating lessons learned, use of enhanced skimming techniques and other best achievable technology. In determining what the maximum extent practicable is, the director shall consider the effectiveness, engineering feasibility, commercial availability, safety, and the cost of the measures.
(27) "Mobilization" means the time it takes to get response resources readied for operation and ready to travel to the spill site or staging area.
(28) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.
(29) "Nondedicated" means those response resources listed by a primary response contractor for oil spill response activities that are not dedicated response resources.
(30) "Nonpersistent or group 1 oil" means:
(a) A petroleum-based oil, such as gasoline, diesel or jet fuel, which evaporates relatively quickly. Such oil, at the time of shipment, consists of hydrocarbon fractions of which:
(i) At least fifty percent, by volume, distills at a temperature of 340°C (645°F); and
(ii) At least ninety-five percent, by volume, distills at a temperature of 370°C (700°F).
(b) A nonpetroleum oil with a specific gravity less than 0.8.
(31) "Nonpetroleum oil" means oil of any kind that is not petroleum-based, including but not limited to: Biological oils such as fats and greases of animals and vegetable oils, including oils from seeds, nuts, fruits, and kernels.
(32) "Northwest Area Contingency Plan (NWACP)" means the regional emergency response plan developed in accordance with federal requirements. In Washington state, the NWACP serves as the statewide master oil and hazardous substance contingency plan required by RCW 90.56.060.
(33) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility, any part of which is located in, on, or under any land of the state, other than submerged land.
(34) "Oil" or "oils" means oil of any kind that is liquid at atmospheric temperature and pressure and any fractionation thereof, including, but not limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil, oil sludge, oil refuse, biological oils and blends, and oil mixed with wastes other than dredged spoil. Oil does not include any substance listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under section 101(14) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by P.L. 99-499.
(35) "Oily waste" means oil contaminated waste resulting from an oil spill or oil spill response operations.
(36) "Onshore facility" means any facility, as defined in subsection (14) of this section, any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.
(37) "Operating environments" means the conditions in which response equipment is designed to function. Water body classifications will be determined using criteria found in the ASTM Standard Practice for Classifying Water Bodies for Spill Control Systems.
(38) "Operational period" means the period of time scheduled for execution of a given set of operational actions as specified in the incident action plan. The operational period coincides with the completion of one planning cycle.
(39) "Owner" or "operator" means:
(a) In the case of a vessel, any person owning, operating, or chartering by demise, the vessel;
(b) In the case of an onshore or offshore facility, any person owning or operating the facility;
(c) In the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment; and
(d) Operator does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.
(40) "Passenger vessel" means a ship of greater than three hundred gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.
(41) "Passive recovery" means a tactic that uses absorbent material to mitigate impacts to shorelines.
(42) "Persistent oil" means:
(a) Petroleum-based oil that does not meet the distillation criteria for a nonpersistent oil. Persistent oils are further classified based on both specific and American Petroleum Institute (API) observed gravities corrected to 60°F, as follows:
(i) Group 2 - Specific gravity greater than or equal to 0.8000 and less than 0.8500. API gravity less than or equal to 45.00 and greater than 35.0;
(ii) Group 3 - Specific gravity greater than or equal to 0.8500, and less than 0.9490. API gravity less than or equal to 35.0 and greater than 17.5;
(iii) Group 4 - Specific gravity greater than or equal to 0.9490 and up to and including 1.0. API gravity less than or equal to 17.5 and greater than 10.00; and
(iv) Group 5 - Specific gravity greater than 1.0000. API gravity equal to or less than 10.0.
(b) A nonpetroleum oil with a specific gravity of 0.8 or greater. These oils are further classified based on specific gravity as follows:
(i) Group 2 - Specific gravity equal to or greater than 0.8 and less than 0.85;
(ii) Group 3 - Specific gravity equal to or greater than 0.85 and less than 0.95;
(iii) Group 4 - Specific gravity equal to or greater than 0.95 and less than 1.0; or
(iv) Group 5 - Specific gravity equal to or greater than 1.0.
(43) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, co-partnership, association, firm, individual, or any other entity whatsoever.
(44) "Pipeline tank farm" means a facility that is linked to a pipeline but not linked to a vessel terminal.
(45) "Plan" means oil spill response, cleanup, and disposal contingency plan for the containment and cleanup of oil spills into the waters of the state and for the protection of fisheries and wildlife, shellfish beds, natural resources, and public and private property from such spills as required by RCW 90.56.210 and 88.46.060.
(46) "Plan holder" means ((all covered facility owner/operators required to submit contingency plans, all covered vessel owner/operators required to submit contingency plans or enroll under a vessel umbrella plan and the umbrella plan holders that submit contingency plans on behalf of multiple covered vessels owner/operators or facility owner/operators)) a person who submits and implements a contingency plan consistent with RCW 88.46.060 and 90.56.210 on the person's own behalf or on behalf of one or more persons. Where a plan is submitted on behalf of multiple persons, those covered under that plan are not considered plan holders for purposes of this chapter.
(47) "Planning standards" means goals and criteria that ecology will use to assess whether a plan holder is prepared to respond to the maximum extent practicable to a worst case spill. Ecology will use planning standards for reviewing oil spill contingency plans and evaluating drills.
(48) "Primary response contractor (PRC)" means a response contractor that has been approved by ecology and is directly responsible to a contingency plan holder, either by a contract or other approved written agreement.
(49) "Public vessel" means a vessel that is owned, or demise chartered, and is operated by the United States government, or a government of a foreign country, and is not engaged in commercial service.
(50) "Regional response list" means a regional equipment list established and maintained by spill response equipment owners in the northwest area.
(51) "Regional vessels of opportunity response group" means a group of nondedicated vessels participating in a vessel of opportunity response system to respond when needed and available.
(52) "Resident" means the spill response resources are staged at a location within the described planning area.
(53) "Responsible party" means a person liable under RCW 90.56.370.
(54) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.
(55) "Spill" means an unauthorized discharge of oil which enters waters of the state.
(56) "Spill assessment" means determining product type, potential spill volume, environmental conditions including tides, currents, weather, river speed and initial trajectory as well as a safety assessment including air monitoring.
(57) "Systems approach" means the infrastructure and support resources necessary to mobilize, transport, deploy, sustain, and support the equipment to meet the planning standards, including mobilization time, trained personnel, personnel call out mechanisms, vehicles, trailers, response vessels, cranes, boom, pumps, storage devices, etc.
(58) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the jurisdiction of this state.
(59) "Technical manual" means a manual intended to be used as a planning document to support the evaluation of best achievable protection systems for potential response capability of plan holder owned and PRC dedicated and nondedicated equipment.
(60) "Transmission pipeline" means a pipeline whether interstate or intrastate, subject to regulation by the United States Department of Transportation under 49 C.F.R. 195, as amended through December 5, 1991, through which oil moves in transportation, including line pipes, valves, and other appurtenances connected to line pipe, pumping units, and fabricated assemblies associated with pumping units.
(61) "Transfer site" means a location where oil is moved in bulk on or over waters of the state to or from a covered vessel by means of pumping, gravitation, or displacement.
(62) "Recovery system" means a skimming device, storage work boats, boom, and associated material needed such as pumps, hoses, sorbents, etc., used collectively to maximize oil recovery.
(63) "Umbrella plan" means a single plan submitted on behalf of multiple covered vessels that is prepared by a ((plan holder to cover multiple vessels)) nonprofit corporation.
(64) "Vessels of opportunity response system" means nondedicated vessels and operating personnel, including fishing and other vessels, available to assist in spill response when necessary. The vessels of opportunity are under contract with and equipped by contingency plan holders to assist with oil spill response activities including, but not limited to, on-water oil recovery in the near shore environment, the placement of oil spill containment booms to protect sensitive habitats, and providing support of logistical or other tactical actions.
(65) "Vessel terminal" means a facility that is located on marine or river waters and transfers oil to or from a tank vessel.
(66) "Waters of the state" means all lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
(67) "Worst case spill" means:
(a) For an offshore facility, the largest possible spill considering storage, production, and transfer capacity complicated by adverse weather conditions; or
(b) For an onshore facility, the entire volume of the largest above ground storage tank on the facility site complicated by adverse weather conditions, unless ecology determines that a larger or smaller volume is more appropriate given a particular facility's site characteristics and storage, production, and transfer capacity; or
(c) For a vessel, a spill of the vessel's entire cargo and fuel complicated by adverse weather conditions; or
(d) For pipelines, the size of the worst case spill is dependent on the location of pump stations, key block valves, geographic considerations, or volume of the largest breakout tank. The largest volume determined from three different methods, complicated by adverse weather conditions:
(i) The pipeline's maximum time to detect the release, plus the maximum shutdown response time multiplied by the maximum flow rate per hour, plus the largest line drainage volume after shutdown;
(ii) The maximum historic discharge from the pipeline; and
(iii) The largest single breakout tank or battery of breakout tanks without a single secondary containment system. Each operator shall determine the worst case discharge and provide the methodology, including calculations, used to arrive at the volume.
(68) "WRIA" means a water resource inventory area as defined in chapter 173-500 WAC.
AMENDATORY SECTION (Amending WSR 13-01-054, filed 12/14/12, effective 1/14/13)
WAC 173-182-110 Authority to submit contingency plan.
(1) For tank vessels, a plan may be submitted by any of the following:
(a) The owner or operator of the tank vessel; or
(b) The owner or operator of the facilities at which the tank vessel will be unloading its cargo; or
(c) A nonprofit corporation established for the purpose of oil spill response and contingency plan coverage and of which the tank vessel owner or operator is a member; or
(d) A ((PRC contractually obligated to provide containment and cleanup services to the tank vessel company)) person who has contracted with the tank vessel to provide containment and clean-up services and who has been approved by ecology.
(2) For covered vessels other than tank vessels, a plan may be submitted by any of the following:
(a) The owner or operator of the ((covered)) vessel; or
(b) The agent for the ((covered)) vessel provided that the agent resides in this state; or
(c) A nonprofit corporation established for the purpose of oil spill response and contingency plan coverage ((and)) of which the covered vessel owner or operator is a member; or
(d) A ((PRC contractually obligated to provide containment and cleanup services to the covered vessel company)) person who has contracted with the vessel to provide containment and clean-up services and who has been approved by ecology.
(3) For facilities, a plan may be submitted by any of the following:
(a) The owner or operator of the facility; or
(b) A ((PRC contractually obligated to provide containment and cleanup services to the facility)) person who has contracted with the facility to provide containment and clean-up services and who has been approved by ecology.
(((4) One plan, or one umbrella plan, may be submitted for multiple covered vessels, and/or for multiple facilities, provided that the plan contents meet the requirements in this chapter for each covered vessel or facility.))
AMENDATORY SECTION (Amending WSR 13-01-054, filed 12/14/12, effective 1/14/13)
WAC 173-182-130 Phase in language.
(1) This section applies to those plan holders who, on the effective date of this chapter, have approved or conditionally approved plans, and response contractors with approved applications. Each update must contain all necessary content and meet the requirements of this chapter.
(2) For existing approved facility plan holders within six months after the effective date of this chapter, all facility plan holders must update their plans to comply with the following sections as applicable to the facility:
(a) Binding agreement (WAC 173-182-220).
(b) Contingency plan general content (WAC 173-182-230(((7))) (8)), claims procedures.
(c) Contingency plan general content (WAC 173-182-230 (4)(c)(i) through (v)), products handled.
(d) Facility spills to ground notifications (WAC 173-182-264).
(e) Planning standards for dispersants (WAC 173-182-325).
(f) Planning standard for Group 5 Oils (WAC 173-182-324).
(g) To the extent to which plan holders rely on PRC applications to demonstrate compliance for plan holder, PRC applications must also be updated correspondingly.
(3) For existing approved tank vessel plan holders and vessel umbrella plan holders, the following is required, as applicable to the plan holder:
(a) Within six months after the effective date of this chapter, all tank vessel plan holders and vessel umbrella plan holders must update their plans to comply with the following sections:
(i) Binding agreement (WAC 173-182-220).
(ii) Contingency plan general content (WAC 173-182-230 (3)(b)(ii)).
(iii) Contingency plan general content (WAC 173-182-230 (5)(f) and (g)).
(iv) Contingency plan general content (WAC 173-182-230 (6)(a)(i) through (vii) and (7)).
(v) Contingency plan general content (WAC 173-182-230(((7))) (8)), claims procedures.
(vi) Aerial surveillance planning standard (WAC 173-182-321(2)), Additional surveillance assets.
(vii) Planning standard for dispersants (WAC 173-182-325).
(viii) Planning standard for Group 5 Oils (WAC 173-182-324).
(ix) Requirements for vessel umbrella plan holders maintaining additional agreements for supplemental resources (WAC 173-182-232).
(x) To the extent to which plan holders rely on PRC applications to demonstrate compliance for plan holder, PRC applications must also be updated correspondingly.
(b) Within eighteen months after the effective date of this chapter, all tank vessel plan holders and vessel umbrella plan holders must update their plans to comply with the following sections:
(i) Vessels of opportunity planning standard (WAC 173-182-317), Region 1 - Cape Flattery/Strait of Juan De Fuca.
(ii) Aerial surveillance planning standard (WAC 173-182-321(1)), Helicopter/fixed wing.
(iii) Dedicated on-water storage (WAC 173-182-335), at least twenty-five percent of the total worst case discharge requirement.
(iv) San Juan County planning standard (WAC 173-182-370), four hour planning standard.
(v) Neah Bay staging area (WAC 173-182-395), four hour planning standard.
(vi) Covered vessel planning standard for shoreline cleanup (WAC 173-182-522).
(vii) To the extent to which plan holders rely on PRC applications to demonstrate compliance for plan holder, PRC applications must also be updated correspondingly.
(c) Within thirty-six months after the effective date of this chapter, all tank vessel plan holders and vessel umbrella plan holders must update their plans to comply with the following sections:
(i) Vessels of opportunity planning standard (WAC 173-182-317), Region 2 - San Juan Islands/North Puget Sound.
(ii) Vessels of opportunity planning standard (WAC 173-182-317), Region 4 - Lower Columbia River.
(iii) Provide proposal for ecology review of the aerial surveillance planning standard (WAC 173-182-321(3)), Helicopter/fixed wing with forward looking infrared. Plan holder shall have an additional twelve months to have this asset staged and all plan updates finalized as applicable.
(iv) Covered vessel plan holder's technical manual requirement (WAC 173-182-349).
(v) Commencement Bay Quartermaster Harbor planning standard (WAC 173-182-380), four hour planning standard.
(vi) Cathlamet staging area (WAC 173-182-415), four hour planning standard.
(vii) To the extent to which plan holders rely on PRC applications to demonstrate compliance for plan holder, PRC applications must also be updated correspondingly.
(d) Within forty-eight months after the effective date of this chapter, all tank vessel plan holders and vessel umbrella plan holders must update their plans to comply with the following sections:
(i) Vessels of opportunity planning standard (WAC 173-182-317), Region 6 - Grays Harbor.
(ii) Vessels of opportunity planning standard (WAC 173-182-317), Region 3 - South Puget Sound and Central Puget Sound.
(iii) Vessels of opportunity planning standard (WAC 173-182-317), Region 5 - Admiralty Inlet, Hood Canal and North Puget Sound.
(iv) Grays Harbor planning standard (WAC 173-182-450), four hour planning standard.
(v) To the extent to which plan holders rely on PRC applications to demonstrate compliance for plan holder, PRC applications must also be updated correspondingly.
(4) Within eighteen months after the effective date of this chapter, all primary response contractors must update their applications to comply with the following section: Primary response contractor application content, submittal and review (WAC 173-182-810).
(5) Each plan update will be given a thirty day public review and comment period. Ecology will approve, disapprove, or conditionally approve the plan update no later than sixty-five days from the update submittal date.
AMENDATORY SECTION (Amending WSR 13-01-054, filed 12/14/12, effective 1/14/13)
WAC 173-182-145 Plan implementation procedures.
Every plan holder, including each person ((whose vessel enrolls)) enrolled in ((coverage under an umbrella)) a plan covering multiple persons, is required to implement the Washington approved plan in any response to a spill and drill. A decision to use a different plan must first be approved by the state and federal on-scene coordinators.
AMENDATORY SECTION (Amending WSR 13-01-054, filed 12/14/12, effective 1/14/13)
WAC 173-182-220 Binding agreement.
(1) Each plan shall contain a written statement binding the plan holder to its use. Form number ECY 070-217 may be used. The binding agreement shall be signed by each of the following: (a) The plan holder, (b) the owner or operator, or a designee with authority to bind the owners and operators of the ((facility)) facilities or vessels covered by the plan. ((In the case of an umbrella plan, the umbrella plan holder that submitted the umbrella plan on behalf of enrolled vessels must sign the binding agreement.)) The agreement is submitted with the plan and will include the name, address, phone number, and if appropriate the e-mail address, and web site of the submitting party.
(2) In the statement, the signator will:
(a) Verify acceptance of the plan and commit to a safe and immediate response to spills and to substantial threats of spills that occur in, or could impact Washington waters or Washington's natural, cultural and economic resources;
(b) Commit to having an incident commander in the state within six hours after notification of a spill;
(c) Commit to the implementation and use of the plan during a spill and substantial threat of a spill, and to the training of personnel to implement the plan;
(d) Verify authority and capability ((of the plan holder)) to make necessary and appropriate expenditures in order to implement plan provisions; and
(e) Commit to working in unified command within the incident command system to ensure that all personnel and equipment resources necessary to the response will be called out to cleanup the spill safely and to the maximum extent practicable.
AMENDATORY SECTION (Amending WSR 13-01-054, filed 12/14/12, effective 1/14/13)
WAC 173-182-230 Contingency plan general content.
(1) Contingency plans must include all of the content and meet all the requirements in this section.
(2) In Washington state, the NWACP serves as the statewide master oil and hazardous substance contingency plan required by RCW 90.56.060. Plan holders shall write plans that refer to and are consistent with the NWACP.
(3) All contingency plans must include the following:
(a) Each plan shall state the federal or state requirements intended to be met by the plan.
(b) Each plan shall state the size of the worst case spill.
(i) For transmission pipelines, more than one worst case spill volume for different line sections on the entire pipeline may be submitted to ecology for consideration.
(ii) For vessel umbrella plans that enroll both tank vessels and nontank covered vessels and that rely on supplemental resources for approval, specify the worst case discharge volume and product type for both tank and nontank covered vessels for each port covered by the contingency plan.
(iii) For multiple facilities using a single ((umbrella)) plan, separate worst case spill volumes are required for each facility.
(c) Each plan shall have a log sheet to record revisions and updates to the plan. The log sheet shall identify each section amended, including the date of the amendment, verification that ecology was notified and the name of the authorized person making the change. A description of the amendment and its purpose shall also be included in the log sheet, or filed as an amendment letter to be inserted in the plan immediately after the log sheet.
(d) Each plan shall have a cross-reference table reflecting the locations in the plan of each component required by this chapter.
(e) Each plan shall have the PRC's name, address, phone number, or other means of contact at any time of the day.
(i) A contract or letter summarizing the terms of the contract signed by the PRC, shall be included in the plan.
(ii) If the entire contract is not submitted, that document shall be available for inspection, if requested by the department.
(iii) For mutual aid agreements that a plan holder relies on to meet the planning standards, the plan shall include a copy of the agreement and describe the terms of that document in the plan.
(iv) If a plan holder relies on a PRC or other contractor to staff ICS positions for the spill management team, then the commitment must be specified in writing.
(v) If the entire contract for additional spill management team support is not included in the plan, that document shall be made available for inspection, if requested by ecology.
(f) Each plan must contain the procedures to track and account for the entire volume of oil recovered and oily wastes generated and disposed of during spills. The responsible party must provide these records to ecology upon request.
(4) Additional facility plan content.
Facility plans shall include:
(a) The name, location, type and address of the facility;
(b) Starting date of operations;
(c) Description of the operations covered by the plan:
(i) List the oil handling operations that occur at the facility location.
(ii) Inventory all tanks and list the tank capacity((;)).
(iii) All oil(s) or product(s) handled by name and include; density, gravity, API, oil group number, and sulfur content (sweet/sour).
(iv) Include a written description and map indicating site topography, storm water and other drainage systems, mooring areas, pipelines, tanks, and other oil processing, storage, and transfer sites and operations.
(v) A description of the geographic area that could be impacted from a spill at the location based on a forty-eight hour worst case spill trajectory analysis.
(5) Additional vessel plan content. Except as provided in subsections (6) and (7) of this section, vessel plans shall also include:
(a) Name of each vessel covered under the plan;
(b) The name, location, and address of the owner or operator;
(c) Official identification code or call sign;
(d) Country of registry;
(e) All ports of call or areas of expected operation in Washington waters;
(f) List all oil(s) or product(s) by name and include; density, gravity, API, oil group number, sulfur content (sweet/sour) and general ship capacity for amounts carried as cargo or fuel;
(g) Description of the operations covered by the plan; and
(h) A diagram indicating cargo, fuel, and ballast tanks and piping, power plants, and other oil storage and transfer sites and operations.
(6) ((Special exemptions for vessel umbrella)) Plans covering multiple vessels with different owners shall((, at a minimum,)) also include the following:
(a) In lieu of providing vessels names, call signs and country of registry, ((vessel umbrella)) plan holders shall maintain accurate enrollment or member lists with vessel specific information provided by covered vessels and shall provide ecology twenty-four hour access to the enrolled vessels list via the internet in a format acceptable to ecology. The list shall be updated daily, or at a minimum every three days. The list must at a minimum include the following:
(i) Vessel name;
(ii) Vessel type;
(iii) Worst case discharge oil type and quantity;
(iv) The name and API gravity of the densest oil being handled on the enrolled vessels;
(v) Qualified individual/spill management team;
(vi) Agent; and
(vii) ((PRC/supplemental resources provider; and
(viii))) Protection and indemnity (P&I) club.
(b) ((Umbrella)) Plans ((for)) covering multiple vessels shall include a list of the types of vessels and the typical oil types by group and volumes. In addition, vessel diagrams indicating cargo, fuel, and ballast tanks and piping, power plants, and other oil storage and transfer sites and operations shall be available for inspection by ecology. The procedure for the plan holder to acquire vessel diagrams needs to be documented in the plan.
(7) Umbrella plans shall list the name of the entities that provide supplemental equipment.
(8) Plans shall include concise procedures to establish a process to manage oil spill liability claims of damages to persons or property, public or private, for which a responsible party may be liable.
AMENDATORY SECTION (Amending WSR 13-01-054, filed 12/14/12, effective 1/14/13)
WAC 173-182-240 Field document.
(1) Each plan shall contain a field document which lists time critical information for the initial emergency phase of a spill and a substantial threat of a spill. The owner or operator of the covered vessel or facility shall make the field document available to personnel who participate in oil handling operations and shall keep the field document in key locations at facilities, docks, on vessels and in the plan. The locations where field documents are kept must be listed in the plan, provided that ((vessel umbrella)) plan holders covering multiple persons shall not be subject to enforcement if the owner or operator of an enrolled vessel fails to keep the field documents in the location specified in the plan.
((Umbrella vessel)) Plans covering multiple persons shall include procedures to ensure each vessel covered by the plan is provided the field document prior to entering Washington waters. This can include by electronic means.
(2) At a minimum, the field document shall contain:
(a) A list of the procedures to detect, assess and document the presence and size of a spill;
(b) Spill notification procedures and a call out list that meets the requirements in WAC 173-182-260 and 173-182-262 or 173-182-264 as applicable; and
(c) A checklist that identifies significant steps used to respond to a spill, listed in a logical progression of response activities.
AMENDATORY SECTION (Amending WSR 13-01-054, filed 12/14/12, effective 1/14/13)
WAC 173-182-262 Vessel notification requirements for a discharge or substantial threat of a discharge.
(1) The owner or operator of a covered vessel must notify the state through the Washington emergency management division of a discharge or substantial threat of a discharge. Notification must be made within one hour of the discharge or substantial threat of a discharge, or as soon as is feasible without further endangering the vessel or personnel.
(2) Vessel discharge notifications are in addition and made subsequent to notifications that the owner or operator of a covered vessel must provide to the United States Coast Guard. Vessels enrolled in ((umbrella)) plans covering multiple vessels must notify the ((umbrella)) plan holder in addition to the state, unless the state has already been notified by the ((umbrella)) plan holder on behalf of the vessel owner or operator.
(3) Notification of the discharge or substantial threat of a discharge initiates activation of the plan. Upon notification the vessel owner/operator will coordinate as appropriate with:
(a) The state of Washington and the United States Coast Guard to take any necessary actions to protect the public health, welfare, and natural resources of the state; and
(b) The ((umbrella)) plan holder for plan implementation as described in the plan.
(4) Notification procedures must be included in the plan.
(5) The substantial threat of a discharge may be determined or affected by the following conditions:
(a) Ship location and proximity to land or other navigational hazards;
(b) Weather;
(c) Tidal currents;
(d) Sea state;
(e) Traffic density;
(f) Condition of vessel; and
(g) Timing or likelihood of vessel repairs.
AMENDATORY SECTION (Amending WSR 13-01-054, filed 12/14/12, effective 1/14/13)
WAC 173-182-280 Spill management teams.
(1) Each plan shall contain information on the personnel (including contract personnel) who will be available to manage an oil spill response. To meet the requirement, the plan shall include:
(a) An organizational diagram depicting the chain of command for the spill management team for a worst case spill.
(b) For the purpose of ensuring depth of the spill management team, an organization list of one primary and one alternate person to lead each ICS spill management position down to the section chief and command staff level as depicted in the NWACP standard ICS organizational chart. In lieu of being placed in the plan, this list may be maintained at the plan holder's office and be made available to ecology upon request. If a response contractor is used to fill positions, they must agree in writing to staff the positions. The capacity and depth of spill management teams will be evaluated in drills and spills.
(c) A job description for each spill management position; except if the plan holder follows without deviation the job descriptions contained in the NWACP. If the job descriptions are consistent with the NWACP, then the plan holder may reference the NWACP rather than repeat the information.
(d) A detailed description of the planning process which will be used to manage a spill. If the process is consistent with the NWACP then the plan holder may reference the NWACP rather than repeat the information.
(2) The plan shall address the type and frequency of training that each individual listed in subsection (1)(b) of this section receives. The training program at a minimum shall include as applicable ICS, NWACP policies, use and location of GRPs, the contents of the plan and worker health and safety. The training program shall include participation in periodic announced and unannounced exercises and participation should approximate the actual roles and responsibilities of the individual specified in the plan. New employees shall complete the training program prior to being assigned job responsibilities which require participation in emergency response situations.
(3) ((Covered vessel)) The plan ((holders)) shall identify a primary and alternate incident commander's representative that can form unified command at the initial command post, and if located out-of-state, a primary and alternate incident commander that could arrive at the initial command post within six hours. The plan shall include estimated time frames for arrival of the remainder of the spill management team to the spill site, or at the incident command post as appropriate.
(4) The plan shall list a process for orderly transitions of initial response staff to incoming local, regional or away team personnel, including transitions between shift changes.
(5) ((Covered vessel umbrella)) Plans covering multiple vessels must maintain a list of the spill management team(s) for each vessel enrolled under the plan, and must describe the transition process from ((umbrella)) plan personnel to the incoming vessel owner or operator's team. The plan must include checklists and documentation to facilitate an effective transition.
AMENDATORY SECTION (Amending WSR 13-01-054, filed 12/14/12, effective 1/14/13)
WAC 173-182-630 Process for plan approval.
(1) Upon receipt of a plan, ecology shall evaluate whether the plan is complete, and if not, the plan holder shall be notified of any deficiencies within five business days. The public review and comment period does not begin until a complete plan is received.
(2) Once a plan has been determined to be complete, ecology shall notify interested parties, including local and tribal governments and make the plan available for public review and comment.
Ecology will accept comments on the plan no later than thirty days after the plan has been made publicly available. No later than sixty-five days from the date of public notice of availability, ecology will make a written determination that the plan is disapproved, approved, or conditionally approved. The written determination will be provided in the form of an order and subject to appeal as specified in chapter 43.21B RCW.
(a) If the plan is approved, the plan holder receives a certificate of plan approval and plan expiration dates. Approved plans shall be valid for five years.
(b) If a plan is conditionally approved, ecology may require a plan holder to operate under specific restrictions until unacceptable components of the plan are revised, resubmitted and approved. In the conditional approval ecology will describe:
(i) Each specific restriction and the duration for which they apply;
(ii) Each required item to bring the plan into compliance; and
(iii) The schedule for plan holders to submit required updates, including a reference to the regulatory standard in question.
(iv) Restrictions may include, but are not limited to, additional information for the plan, reducing oil transfer rates, increasing personnel levels, or restricting operations to daylight hours. Restrictions may also include additional requirements to ensure availability of response equipment.
(v) Conditional approval expires no later than eighteen months from date of issue before the plan holder must request an extension which is subject to public review.
(vi) Ecology shall revoke its conditional approval prior to the expiration date of a plan holder who fails to meet the terms of the conditional approval. The revocation will be in the form of an appealable order.
(c) If plan approval is disapproved, the plan holder shall receive an explanation of the factors.
(3) The owner or operator or plan holder shall not engage in oil storage, transport, transfer, or other operations without an approved or conditionally approved plan. ((Umbrella)) Plan holders shall not enroll any ((vessels)) persons in a plan that has not been approved or conditionally approved, by ecology.
(4) Ecology may review a plan following an actual spill or drill of a plan and may require revisions as appropriate.
(5) Public notice will be given of any plan approval, conditional approval, or disapproval of a plan.
AMENDATORY SECTION (Amending WSR 13-01-054, filed 12/14/12, effective 1/14/13)
WAC 173-182-710 Type and frequency of drills.
The following drills shall be conducted within each triennial cycle.
(1) Tabletop drills: (((a))) Tabletop drills are intended to demonstrate a plan holder's capability to manage a spill using the incident command system (ICS). Role playing shall be required in this drill. During all required tabletop drills plan holders must provide a master list of equipment and personnel identified to fill both command post and field operations roles. The master resources list must include:
(((b))) (a) Western regional response list identification numbers for all response resources; and
(((c))) (b) Personnel names, affiliation, home base and command post or field role.
(2) Once during each three year cycle, the plan holder shall ensure that key members of the regional/national "away" team as identified in the plan shall be mobilized in state for a drill. However, at ecology's discretion, team members that are out-of-state may be evaluated in out-of-state tabletop drills if ecology has sufficient notice, an opportunity to participate in the drill planning process, and provided that the out-of-state drills are of similar scope and scale to what would have occurred in state. In this case, key away team members shall be mobilized in this state at least once every six years.
(3) ((Umbrella)) Plan holders covering multiple vessels and ecology shall together design a systematic approach to, over time, involve all spill management teams identified in WAC 173-182-230 (6)(a) in tabletop and deployment drills as a best practice to demonstrate the preparedness of enrolled vessel members. These drills will be scheduled by the plan holder or unannounced to be conducted by ecology, at the discretion of ecology. These drills may test any plan components but at a minimum will include notification to the enrolled vessel qualified individual, coordination of supplemental resources under WAC 173-182-232 and the transition from the ((umbrella)) plan holder spill management team to the enrolled vessel company spill management team.
(4) Equipment deployment drills: Plan holders shall use deployment drills to demonstrate the actions they would take in a spill, including: Notifications, safety actions, environmental assessment, and response equipment deployment.
(a) During the triennial cycle, deployment drills shall include a combination of plan holder owned assets, contracted PRC assets, nondedicated assets, and vessels of opportunity.
(b) Plan holders should ensure that each type of dedicated equipment listed in the plan and personnel responsible for operating the equipment are tested during each triennial cycle. Plan holders must design drills that will demonstrate the ability to meet the planning standards, including recovery systems and system compatibility and the suitability of the system for the operating environment. Drills shall be conducted in all operating environments that the plan holder could impact from spills.
(c) At least twice during a triennial cycle, plan holders shall deploy a geographic response plan (GRP) strategy identified within the plan. If no GRPs exist for the operating area, plan holders will consult with ecology to determine alternative sensitive areas to protect.
(d) Plan holders may request credit for the prebooming of an oil transfer provided the transfer is scheduled as a deployment on the drill calendar. Such credit may only be requested once per triennial cycle.
(5) Plan holders may receive credit for deployment drills conducted by PRCs if:
(a) The PRC is listed in the plan; and
(b) The plan holder operates in the area, schedules on the drill calendar, and participates in or observes the drill.
(6) Additional large-scale multiple tank vessel plan holder equipment deployment drill requirement. Once every three years all tank vessel plan holders, including ((vessel umbrella)) plan holders that enroll multiple tank vessels, must participate in a multiple plan holder deployment exercise. At least one plan holder shall be the drill planning lead, participate in all the planning meetings and observe the drill. This deployment may include the following objectives:
(a) Demonstration of dedicated and nondedicated equipment and trained contracted personnel;
(b) Demonstration of contracted vessel of opportunity response systems and crew performing operations appropriate to the vessel capabilities;
(c) Demonstration of multiple simultaneous tactics including:
(i) On-water recovery task forces made up of complete systems which demonstrate storage, recovery, and enhanced skimming;
(ii) Protection task forces which deploy multiple GRPs;
(iii) Vessel and personnel decontamination and disposal;
(iv) Deployment of contracted aerial assessment assets and aerial observers to direct skimming operations; and
(v) Personnel and equipment identified for night operations.
(d) Verification of the operational readiness during both the first six hours of a spill and over multiple operational periods.
(7) Additional deployment requirement for vessel plan holders with contracted access to the ERTV. Once every three years plan holders with contracted access to the ERTV must cosponsor a drill that includes deployment of the ERTV, unless ERTV drill credit has already been received under WAC 173-182-242 (1)(e). This drill must be scheduled on the area exercise calendar. The drill shall include at a minimum:
(a) Notifications and tug call out;
(b) Safety and environmental assessment;
(c) Demonstration of making up to, stopping, holding, and towing a drifting or disabled vessel;
(d) Demonstration of the capability to hold position within one hundred feet of another vessel; and
(e) Communications.
(8) Additional deployment requirement for all plan holders. Once every three years plan holders must deploy regional mobile wildlife rehabilitation equipment and personnel necessary to set up the wildlife rehabilitation system found in the plan. This is an additional deployment drill unless it is incorporated into a large multiobjective deployment drill.
(9) For all plan holders, ecology may initiate scheduled inspections and unannounced deployment and tabletop drills.
(a) In addition to the drills listed above, ecology will implement a systematic scheduled inspection and unannounced drill program to survey, assess, verify, inspect or deploy response equipment listed in the plan. This program will be conducted in a way so that no less than fifty percent of the resources will be confirmed during the first triennial cycle, and the remaining fifty percent during the subsequent triennial cycle.
(b) Unannounced drills may be called when specific problems are noted with individual plan holders, or randomly, to strategically ensure that all operating environments, personnel and equipment readiness have been adequately tested.
(c) Unannounced notification drills are designed to test the ability to follow the notification and call-out process in the plan.
(d) Immediately prior to the start of an unannounced deployment or tabletop drill, plan holders will be notified in writing of the drill objectives, expectations and scenario.
(e) Plan holders may request to be excused if conducting the drill poses an unreasonable safety or environmental risk, or significant economic hardship. If the plan holder is excused, ecology will conduct an unannounced drill at a future time.
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